GRADFORD v. McDOUGALL

No. 1:17-cv-00201-DAD-GSA (PC).

WILLIAM GRADFORD, Plaintiff, v. McDOUGALL, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

William J. Gradford, Plaintiff, Pro Se.


ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document#6) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY PUBLIC SAFETY CENTER

GARY S. AUSTIN, Magistrate Judge.

Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to plaintiff's trust account. The Stanislaus County Public Safety Center is required to send to the Clerk of the Court payments from plaintiff's account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis is GRANTED; 2. The Sheriff of the Stanislaus County Public Safety Center or his designee shall collect payments from plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in forma pauperis application on the Sheriff of the Stanislaus County Public Safety Center via the United States Postal Service. 4. The Clerk of the Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California, Sacramento Division. 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, if plaintiff has not already done so.

IT IS SO ORDERED.

Name: William J. Gradford CDC No: 1403174 Address: 200 E. Hackett Rd. modesto CA 95358 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CASE NUMBER: 1:17-CV-201 William J. Gradford, Plaintiff/Petitioner, v. APPLICATION TO PROCEED deputy McDougall, Deputy Tiexeira, IN FORMA PAUPERIS Deputy McCarthy, Deputy Safford, BY A PRISONER Deputy messenvey Defendants/Respondent. Stanilans County Sheriff Department

I, William J. Gradford, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.

In support of this application, I answer the following questions under penalty of perjury:

1. Are you currently incarcerated? X Yes ___ No (If "no" DO NOT USE THIS FORM) State the place of your incarceration. The Public Safety Center 2. Are you currently employed (includes prison employment)? ___ Yes X No a. If the answer is "yes" state the amount of your pay. N/A b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. None N/A

3. Have you received any money from the following sources over the last twelve months?

a. Business, profession, or other self-employment: ___ Yes X No b. Rent payments, interest or dividends: ___ Yes X No c. Pensions, annuities or life insurance payments: ___ Yes X No d. Disability or workers compensation payments: ___ Yes X No e. Gifts or inheritances: ___ Yes X No f. Any other sources: X Yes ___ No

If the answer to any of the above is "yes," describe by that item each source of money, state the amount received, as well as what you expect you will continue to receive (attach an additional sheet if necessary). I recieve SSI $973.00 A month last payment on 12/1/17

4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes X No If "yes" state the total amount: ________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? ___ Yes X No If "yes" describe the property and state its value: N/A 6. Do you have any other assets? ___ Yes X No If "yes," list the asset(s) and state the value of each asset listed: N/A 7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. none N/A This form must be dated and signed below for the court to consider your application. I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2). 2-23-17 DATE SIGNATURE OF APPLICANT CERTIFICATE (To be completed by the institution of incarceration) I certify that the applicant named herein has the sum of $ 103.70 on account to his/her credit at Public Safety Center (name of institution). I further certify that during the past six months the applicant's average monthly balance was $ 431.66 I further certify that during the past six months the average monthly deposits to the applicants account was $ 431.66 (Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.) 3/1/17 DATE SIGNATURE OF AUTHORIZED OFFICER Account Receipt Mar 06, 2017 Stanislaus County Sheriffs Department 12:31 PM Facility: SC Shift: 1 Booking No: 1403174 GRADFORD, WILLIAM JAMES ID Number 163811, __________ Transaction _________ ___________ Receipt Date Shift Type Amount Number Tran Description 11/22/2016 2 BOOKED $ 0.00 3452270 11/23/2016 2 TRANFRM $ 0.00 3452729 Inmate with booking number 1403174 is being transferred. 11/23/2016 2 TRANTO $ 0.00 3452741 Inmate with booking number :1403174 is transferred to SC. 12/01/2016 1 DEPOSIT $ 195.05 3455530 COM$ED$21541593 12/02/2016 2 DEPOSIT $ 195.05 3456205 COM$ED$21541655 12/02/2016 2 DEPOSIT $ 195.05 3456206 COM$ED$21541656 12/02/2016 2 DEPOSIT $ 195.05 3456207 COM$ED$21541657 12/02/2016 2 DEPOSIT $ 145.05 3456208 COM$ED$21541658 12/03/2016 1 DEPOSIT $ 105.05 3456419 COM$ED$21603722 12/07/2016 1 MEDCOPY $3.00- 3458270 Sick Call 12/08/2016 1 PHONCRD $20.00- 3458659 PHONE CARD 12/08/2016 1 COMMSAL $100.90- 3458660 COMMISSARY SALE 12/15/2016 1 COMMSAL $100.40- 3461412 COMMISSARY SALE 12/22/2016 1 PHONCRD $10.00- 3464200 PHONE CARD 12/22/2016 1 COMMSAL $94.40- 3464201 COMMISSARY SALE 12/29/2016 1 PHONCRD $20.00- 3466703 PHONE CARD 12/29/2016 1 COMMSAL $93.35- 3466704 COMMISSARY SALE 01/04/2017 1 DEPOSIT $ 115.05 3469013 COM$ED$21864066 01/05/2017 1 COMMSAL $87.40- 3469478 COMMISSARY SALE 01/12/2017 1 COMMSAL $99.90- 3472245 COMMISSARY SALE 01/19/2017 1 MEDCOPY $3.00- 3474941 Sick Call 01/19/2017 1 MEDCOPY $3.00- 3474942 Sick Call 01/19/2017 1 COMMSAL $92.55- 3475232 COMMISSARY SALE 01/24/2017 1 MEDCOPY $3.00- 3477587 Sick Call 01/26/2017 1 PHONCRD $10.00- 3478583 PHONE CARD 01/26/2017 1 COMMSAL $86.15- 3478584 COMMISSARY SALE 02/02/2017 1 COMMSAL $92.10- 3481405 COMMISSARY SALE 02/03/2017 2 DEPOSIT $ 150.00 3482102 COM$ED$22164634 02/09/2017 1 COMMSAL $99.55- 3484558 COMMISSARY SALE 02/16/2017 1 COMMSAL $93.70- 3487635 COMMISSARY SALE 02/23/2017 1 COMMSAL $79.25- 3490592 COMMISSARY SALE 03/02/2017 1 COMMSAL $100.15- 3493705 COMMISSARY SALE 03/02/2017 1 DEPOSIT $ 145.05 3493769 COM$ED$22461662 Balance = $ 148.60 I have reviewed the above transactions and acknowledge that they are correct Signature ___________________________________________________

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